Accidents happen in an instant, but the consequences can last much longer. If you were injured in a retail store in New York City because of poor lighting, you may be wondering if legal action is possible. The short answer is yes, under certain conditions, you can sue if the store’s lighting created an unsafe environment that led directly to your injury. But like most things in law, the details matter. A lot. Read on and reach out to a New York City slip and fall lawyer from the Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
What Makes a Retail Store Liable for Poor Lighting?
Retail stores have a legal obligation to maintain reasonably safe premises for their customers. This is known as “premises liability.” If the store fails to provide adequate lighting in areas like stairwells, hallways, fitting rooms, or entrances, and that lack of lighting causes someone to trip, fall, or otherwise get hurt, the store may be held responsible.
The law looks at whether the store owner or manager knew, or should have known, about the lighting issue and failed to fix it. For example, if a lightbulb was out for several days and no one replaced it, that could be considered negligence. On the other hand, if the light went out moments before your injury and staff had no reasonable way of knowing, proving liability may be more difficult.
Also worth noting is whether you had a right to be there. If you were lawfully on the premises, as most shoppers would be, you are owed a higher duty of care than someone trespassing or entering an employee-only area.
What Kind of Injuries Can Result From Inadequate Lighting?
Poor lighting can create dangerous blind spots. You might not see a step, a change in floor height, or an object left on the ground. These conditions often lead to slip and fall injuries, which are among the most common causes of emergency room visits in New York. Injuries may include sprained ankles, fractured wrists, concussions, or even more serious trauma like back injuries or broken hips, especially among older adults.
After a fall, you may be in shock and unsure what steps to take. It’s important to seek medical attention right away, not only for your health but to create a record of the injury. That documentation will be important if you decide to pursue a claim.
How Do I Prove My Injury Was Caused by Poor Lighting?
To build a successful case, you’ll need evidence. This can include photos of the area where the accident happened, eyewitness accounts, surveillance footage (if available), and your medical records. It’s also wise to report the incident to the store manager as soon as possible, ensuring there is a written report on file.
Hiring a personal injury attorney is essential. An experienced lawyer will investigate the store’s maintenance records, question staff if necessary, and work with experts to show how the lighting, or lack thereof, directly contributed to your injury.
In short, you don’t have to deal with this alone. If you’ve been hurt because a business failed to keep its property safe, you have rights. Let a knowledgeable attorney help you assert them.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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